رهن السفينة في قانون النقل البحري السوداني لسنة 2010 م والاتفاقيات الدولية وبعض التشريعات البحرية العربية والأجنبية: دراسة تحليلية مقارنة

Abstract EN

The study deals with the privacy of maritime mortgage in Sudanese maritime transport law for the year 2010.

it is a comparative analytical study for the Sudanese maritime transport law and the international conventions related to maritime mortgages and some maritime legislations of Arab and foreign countries, to state the differences and similarities, maritime mortgages are the privilege of a ship to guarantee the fulfillment of an agreed debt, it is an important means of credit used by the ship-owner to obtain the necessary fund to increase his activity.

maritime mortgaged contract is not a consensual contract, it is a formal contract that is made only by official paper.

the study aims at knowing maritime mortgages and the special cases of them and the items that excluded from them and its effects on the parties, others, and on the ways of its expiry.

the study follows a descriptive analytical and comparative approach, and come to a result that maritime mortgage is a contract that combines the bonded creditor, who is the owner of the ship with the mortgagee, it needs that the general objective substantive elements of the contract (consent, place and reason).

it also required to be established by an official document issued only by the ship's owner.

the study recommends that an explicit provision should be added to maritime transport law of 2010, that will include renewal five-year mortgage term,.

the renewal is valid for another similar period starting from the date of renewal.

the proposed duration justifies that maritime mortgages or loans are not usually held for a long term, because of the rapid decrease in the ship’s value.